CTHRepealedLegislation
Great Barrier Reef Marine Park Regulations 1983
185Requests for reconsideration of decisions
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#### 185 Requests for reconsideration of decisions
(1) A person whose interests are affected by:
(aa) a decision mentioned in subregulation 88H(2); or
(a) a decision mentioned in paragraph 183(1)(a), other than a decision in relation to:
(i) an application for a permission to use or enter the Mission Beach Leader Prawn Broodstock Capture Area for the purpose of collecting leader prawn broodstock for aquaculture operations; or
(ii) an application for a permission to conduct a tourist program that includes, as part of the program, swimming‑with‑whales activities in the Cairns Planning Area; or
(iii) an application for a permission to camp on a Commonwealth island; or
(iv) an EPBC referral deemed application; or
(b) a decision mentioned in paragraph 183(1)(b), (c), (e) or (f), except to the extent that it relates to a permission granted in respect of an application mentioned in subparagraph (a)(iii) or (iv);
may ask the Authority to reconsider the decision.
(3) A person who applied for the grant of a permission to use or enter the Mission Beach Leader Prawn Broodstock Capture Area for the purpose of collecting leader prawn broodstock for aquaculture operations may ask the Authority to reconsider its decision on the application.
(4) A person who applied for the grant of a permission to conduct a tourist program that includes, as part of the program, swimming‑with‑whales activities in the Cairns Planning Area may ask the Authority to reconsider its decision on the application.
(4A) A person who applied for an exemption under subregulation 117K(1), and is dissatisfied with the decision of the Authority, may ask the Authority to reconsider the decision.
(5) A person who applied for the grant of an authorisation may ask the Authority to reconsider its decision on the application.
(6) A proposed transferor or proposed transferee of a permission who is dissatisfied with a decision (mentioned in paragraph 183(1)(d) about the proposed transfer may ask the Authority to reconsider the decision.
(7) If the Authority determines under regulation 137 that a service or proposed service is not, or will not be, a secondary service, and the operator or intending operator of the service is dissatisfied with the Authority’s decision, the operator or intending operator may ask the Authority to reconsider the decision.
(8) A request for reconsideration must:
(a) be in writing; and
(b) set out the reasons why the Authority should reconsider the decision; and
(c) be given to the Authority within 21 days after:
(i) in the case of a decision mentioned in subregulation (5)—the day on which the person who applied for the relevant authorisation is told in writing of the decision; or
(ii) in the case of a decision mentioned in subregulation (7)—the day on which the operator or proposed operator is told in writing of the decision; or
(iii) in any other case—the day notice of the decision is published on the Authority’s website.
(9) This regulation does not apply to a decision made under subregulation 186(2).